Read Time: 11 minutes

Instead of delving into the right and wrong, I decided to visit the Singhu border. Thousands of farmers are currently protesting at the Delhi-Chandigarh border against the three farm laws. While it is imperative to keep in mind that even though, there may be people against and for the law's, I decided to tap in so as to understand the pulse of the farmer's opinion's about existing laws as they stand. After engagement and gathering real-time data, I decided to put on my legal hat and place relevant excerpts of the law, in light of the statements without putting forth my opinion (which I will leave for another day).

 

"I will explain the issue of private companies with the instance of a case in Madhya Pradesh, where Private traders have bought the product, and given a cheque to the farmer. The cheque was bounced and now farmers are sitting at the office of the SDM. A farmer grows the produce in his field throughout the year, and when it comes to the payment of that produce, he is sitting in the SDM court. These laws are making farmers a slave. This protest is not by illiterates, we are representing ourselves, organisations like Hind Mazdoor Kisan Samiti, which was registered in December 2020, were in harmony with the government for these bills. They are not representing us; they are mere infiltrators of the government."

Law: Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020 deals with the disputes arising viz. contract farming. As per the chapter titled “Dispute Resolution” under the Act, a farmer or a trader can approach the Sub Divisional Magistrate (hereinafter SDM) for conciliation proceedings. As per the chapter, a conciliation board will be set up with a Chairperson who will be under the direct control and supervision of the SDM. In this board, other members will be appointed on the basis of the recommendation by the parties involved in the dispute. However, if either party fails to recommend their representatives within 70 days, then the SDM can appoint other members of the board. Parties can approach the SDM court to settle the dispute in a summary matter if they are unable to solve their dispute before the board within 30 days. Parties can then appeal against the order of the ‘Sub Divisional Authority’ i.e., SDM within 30 days when the order is passed before the Collector or Additional Collector. Such an appeal is to be disposed off within 30 days by the aforementioned authority. However, if there is no clause of conciliation for dispute settlement in the agreement signed by the parties, then the parties can appeal before the SDM. The SDM or Appellate Authority has the powers of a Civil Court and the their orders would be considered as decrees passed by Civil Courts under Code of Civil Procedure, 1908.

"Government is hand in glove with private companies and has totally disregarded the farmers. In the bills, they have said that “quality” will be an essential factor in contract farming. Farmer products are not like industry manufactured goods, they are totally based on nature and environment. The quality of the product is not in the hands of a farmer. The Government is intentionally exploiting farmers and favouring big private companies who aid these governments."

Law: Section 3(1) of Farmers (Empowerment and Protection) Agreements on Price Assurance and Farm Services Bill, 2020 mentions that a farmer may enter into a written farming agreement in respect of any farming produce and such agreement may provide for the terms and conditions for supply of such produce, including the time of supply, quality, grade, standards, price and such other matters. As per Section 11, at any time after entering into a farming agreement, the parties to such agreement may, with mutual consent, alter or terminate such agreement for any reasonable cause.

"We are here since 26th November, and we are not fighting just for a section of farmers, we are fighting for labourers, we are fighting for consumers also. The mechanism of APMC mandis, which was established by Sir Chotu Ram is sought to be abolished by these private mandi's. They have not mentioned theabolition in these bills but imagine when a private mandi is established, which is giving instant money for the produce, everyone will sell their produce to them because everyone is greedy. However, in the upcoming years, when the APMC mandi will be held redundant and eventually will be closed, that is the time when a monopoly of these private companies will be set up, they will choose their own price, quantity and quality of the product because there is no check and balance over a private contract and the negotiation power over the remunerative price is ridiculously imbalanced. That is the reason why we are asking for a legalised MSP in the private sectors."

Law: These bills do not mention about abolishment of APMC (Agricultural Produce & Livestock Market Committee) mandi's (markets). The APMC regulates the mandi where farmers bring their produce, thereby, guaranteeing that they receive the promised minimum support price (MSP). The APMC's will continue to exist. The farmers will however, have a choice not to go there.